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BISHOP CREEK LODGE v. SCIRA

No. E025547.

98 Cal.Rptr.2d 398 (2000)

82 Cal.App.4th 631

BISHOP CREEK LODGE et al., Plaintiffs and Appellants, v. Ronald S. SCIRA et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division Two.

July 25, 2000.

Attorney(s) appearing for the Case

Law Offices of Paul S. Rudder and Laura M. Hagan, Mammoth Lakes, for Plaintiffs and Appellants.

Joseph Di Giulio, Marina Del Rey, for Defendants and Respondents Ronald and Donna Scira.

Lampi, Gephart & Silverman and Randall L. Gephart, Mammoth Lakes, for Defendants and Respondents Charles and Joyce Hernandez.

OPINION

RICHLI, Acting P.J.

In this action, plaintiff Bishop Creek Lodge (Bishop Creek) seeks to enforce a restrictive covenant against its neighbors, Ronald and Donna Scira. Alternatively, in the event the covenant is not enforceable, Bishop Creek seeks damages for breach of contract and/or fraud from Charles and Joyce Hernandez, who sold it the real property to which the right to enforce the covenant allegedly attached, as well as from the Sciras as the...

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